City of Momence - 2015 Ordinances and Resolutions - page 82

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PUBLIC SPACE: Includes all of the interior space except those spaces used for cooking, food preparation, or food
storage.
RESTAURANT: Any public place, kept, used, maintained, advertised and held out to the public as a place where
meals are served, and where meals are actually and regularly served at tables or in booths. Without limiting the
generality of the foregoing, the term “restaurant” does not include limited food service establishments,
luncheonettes, diners, pubs, coffee shops, drive-ins or self-service and/or carry-out establishments and shall not
include room servicewhere the restaurant is located in a hotel.
SALE AT RETAIL: The sale or delivery of an alcoholic liquor to the consumer or general public as differentiated
from thewholesale delivery for legal resale.
SALE, SELL: Transfer, exchange or barter in any manner, or by any other means for consideration. This shall
include andmean all sales, soliciting or receiving an order for keeping or exposing for sale and keeping with intent
to sell. It shall also include the exchange, transfer or trade for a ticket or tokenobtained for consideration.
UNDERAGEPERSON: Anypersonunder twentyone (21) years of age.
VICARIOUS LIABILITY: That liability which is implied as a matter of law even though the personmay not have
directly caused an injury to another person.
WINE:Any alcoholic liquor obtained from the natural contents of fruits or vegetables
containing sugar, including suchbeverageswhen fortified by the additionof alcohol.
3-2-2: EXCEPTIONS
The provisions of thisChapter do not apply to:
A. Alcohol used in themanufacture of denatured alcohol produced in accordancewith act of Congress and
regulations promulgated hereunder;
B. Flavoring extracts and syrups and food products;
C. Patent and proprietarymedicines ormedicinal, antiseptic, culinary and toilet preparations;
D. Scientific, industrial and chemical products notmade for human consumption;
E. Any liquid or solid containingone-half of one percent (.5%) or less of alcohol by volume.
Nothing contained in this Chapter shall prohibit any of the following from using or possessing alcoholic liquor in
strict professional practice:
A. Aduly licensed practicing physicianor dentist.
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